Cases

The denial of costs is subject to review under an abuse of discretion standard.  To the extent an award of costs presents an issue of statutory interpretation, however, the standard of review on the statutory interpretation question is de novo.

Pursuant to Section 440.34(3), Florida Statutes, the prevailing party is entitled to reasonable costs it incurred in proceedings before the JCC.  An award of costs to the prevailing party is mandatory. In this case, the JCC determined that the claimant was not entitled to costs as the prevailing party since the employer/carrier provided benefits timely under sections 440.192(8) and 440.34(3), Florida Statutes.

The court in this case ruled that the claimant was deemed the "prevailing party" for the taxation of costs even though benefits had been timely paid following the filing of the petition.  The petition included certification by the claimant (not challenged by the employer/carrier) that the claimant and/or the attorney had made a good faith effort to resolve the dispute over benefits with the carrier but was unable to do so. The provisions of Section 440.34(3), F.S. relate to the award of attorney fees, not costs.